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PLD 2017 Peshawar 47

AIZAZ-UL-MULK vs ELECTION COMMISSION OF PAKISTAN through Secretary

CitationPLD 2017 Peshawar 47
CourtPeshawar High Court
Judge(s)Mazhar Alam Khan Miankhel, Qaiser Rashid Khan
ResultN/A

' MAZHAR ALAM KHAN MIANKHEL, C J.--The petitioner, Aizaz-ul-Mulk, through the instant writ petition, has questioned the legality and propriety of the impugned order dated 02.06.2015 passed by the Election Commission of Pakistan on a sue mote notice whereby by-election of Constituency. No, PK-95 Lower Dir-II held on 7.5.2015 was declared void for the reason of disenfranchisement of female voters. The Notification of petitioner (the returned candidate) was not issued and new election schedule was ordered to be announced in due course in accordance with law.

2. The writ petition when came up for hearing before this Court, the same was admitted for regular hearing and in the interim relief operation of the impugned notification qua announcement of subsequent schedule was suspended.

3. Today, learned counsel for both the parties argued the case at length in the light of Articles 218 and 225 of the Constitution of Islamic Republic of Pakistan, 1973 "The Constitution" read with Sections 103, 103AA, 67 and 70 of the Representation of the People Act, 1976 "ROPA". The learned counsel for respondent also vehemently questioned the territorial jurisdiction of this Court to entertain the present writ petition, as, according to him, the whole proceedings were revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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